National Republican., 1887-10-18
v1ReINIA,s STATE PRISONERS.
The Supreme Court VIII Take De-
cieiye Action Te.Day.

ciBtVo ActiOn To-Day
There was a large gathering, made up OF
attorneys and others, In the United States
Supreme Court chamber yesterday at noon,
when the court convened, all being present
out OF a desire to note the action OF the
court In the matter OF tho habeas corpus
cases Of Attorney General Rufus A. Ayres,
Of Richmond, and States Attorneys John
Scott, Of Fauquier county, aud j. b. Nc
Cabe, OF Leesburg, Va. The court disposed
Of several decisions and pending motions
before the special assignment OF tho day
was reached. When that occurred Solicitor
General jerks stated TO the court that the
returns to the writs had been filed, and that
the United States marshal for the eastern
district OF Virginia was present In court
with his prisoners.
Chief Justice Waite asked II counsel was
ready for the case to proceed.
Col Gordon, appearing for the relators,
answered that they were not lie stated
that his associates In the case were not
present, and had not heard the argument
In the court below. He asked that his
clients be admitted TO bail, and the time of
hearing set for some time In January next.
Bx-Gov. Chamberiin, OF South Carolina,
who represented the bondholders' interest
| In the proceedings, said that IL was proper
for him to remind the court Of the nature
OF the cases that the prisoners were i'm
| prIsoned under an attachment for con-
| tempt Of the United States circuit courc
| ave are ready" he said, "as In duty bound
| to argue the case at this very moment" but
he thought the gentlemen should not come
| here complaining OF Imprisonment
| that they were langulshing In Jail, aud to be
released on bail aud then defer the hearing
| OF the case for several months. He was
| aware that In such cases OF contempt,
| wherein a court was seeking to maintain
Its authority, other courts were reluctant
| TO interfere. But the presumption was
that the lower court had Jurisdiction, and
that II had exercised Its rightful authority.
| In the interest of his clients.-aud he might
say OF the publlc-he thought the other side
should have appeared not only ready, but
| eager, for argument. Instead OF that, they
want some three months to elapse. The
convenience OF counsel was something he
never permitted himself to forgot, and his
side was willing to allow reasonable time
to the other for preparation. As to bail, he
did not think 1t consistent with the author
ity OF the lower court to allow bail Those
| gentlemen had deliberately defied the au.
thority of that court, and It was not proper
that they should be at liberty while the
Supreme Court had under consideration
the question Of Jurisdiction. "We say" he
concluded, "the least possible delay and
without BAIL"
| Chief Justice Waite wished TO know II
the record had been printed, and was In
formed that 1t would be ready IN two days.
Hon. j. Randolph Tucker, OF Richmond,
stated that within the last few days he had
been retained for the state to argue the
question Of Jurisdiction and any other ques-
tions arising In the case. He had never
seen the record, nor had he learned any
thing more Of the case than could be &C.
| Quired from reading the newspapers and In
casual conversation. He reminded the
court Of the interest that Virginia, as q
state OF the Union, has In the case. The
| prisoners were servants Of the state, aud
had been engaged In what was regarded as
the discharge OF their duties to the state.
1t was question Of too much magnitude
for counsel to force It to hearing. 1t
might suit private interests to have hasty
hearing, but It would not advance public
interests. AS to the question OF bail, he re-
peated that the prisoners were officials OF
the commonwealth of Virginia, had been
adjudged guilty of contempt while prose-
cutting their duties to the state, and It was
only right that they should be at liberty on
bail pending the hearing.
After some further discussion Chief JUS
ticc Waite said that the prisoners would re-
main In the custody of the marshal of the
Supreme Court until this morning, when
the court would decide on the motion of
admission to bail and fixing date for the
hearing.
It is said that If sufficient time is allowed
for necessary preparation Hon. Roscoe
Conkling will appear and argue the case for
the state of Virginia.